The victims of the violence are black and white, rich and poor, young and old, famous and unknown. They are, most important of all, human beings whom other human beings loved and needed. No one – no matter where he lives or what he does – can be certain who will suffer from some senseless act of bloodshed. And yet it goes on and on.
–Robert F. Kennedy, April 4, 1968
Senator Robert F. Kennedy announcing the murder of Dr. Martin Luther King, Jr.
What should the surviving victims of gun-massacres do to seek redress?
And how can the relatives and friends of those who didn’t survive seek justice for those they loved?
Two things:
First, don’t count on politicians to support a ban on assault weapons.
Politicians–with rare exceptions–have only two goals:
- Get elected to office, and
- Stay in office.
And too many of them fear the economic and voting clout of the National Rifle Association (NRA) to risk its wrath.
On July 22–only two days after the Century 16 Theater slaughter in Aurora, Colorado–U.S. Senator Ron Johnson (R-Wis.) said: “The fact of the matter is there are 30-round magazines that are just common all over the place.
“You simply can’t keep these weapons out of the hands of sick, demented individuals who want to do harm. And when you try and do it, you restrict our freedom.”
That presumably includes the freedom of would-be mass murderers to carry out their fantasies.
Second, those who survive such massacres–and the relatives and friends of those who don’t–should file wrongful death, class-action lawsuits against the NRA.
There is sound, legal precedent for this.
- For decades, the American tobacco industry peddled death and disability to millions and reaped billions of dollars in profits.
- The industry vigorously claimed there was no evidence that smoking caused cancer, heart disease, emphysema or any other ailment.
- Tobacco companies spent billions on slick advertising campaigns to win new smokers and attack medical warnings about the dangers of smoking.
- Tobacco companies spent millions to elect compliant politicians and block anti-smoking legislation.
- From 1954 to 1994, over 800 private lawsuits were filed against tobacco companies in state courts. But only two plaintiffs prevailed, and both of those decisions were reversed on appeal.
- In 1994, amidst great pessimism, Mississippi Attorney General Mike Moore filed a lawsuit against the tobacco industry. But other states soon followed, ultimately growing to 46.
- Their goal: To seek monetary, equitable and injunctive relief under various consumer-protection and anti-trust laws.
- The theory underlying these lawsuits was: Cigarettes produced by the tobacco industry created health problems among the population, which badly strained the states’ public healthcare systems.
- In 1998, the states settled their Medicaid lawsuits against the tobacco industry for recovery of their tobacco-related, health-care costs. In return, they exempted the companies from private lawsuits for tobacco-related injuries.
- The companies agreed to curtail or cease certain marketing practices. They also agreed to pay, forever, annual payments to the states to compensate some of the medical costs for patients with smoking-related illnesses.
The parallels with the NRA are obvious:
- For decades, the NRA has peddled deadly weapons to millions, reaped billions of dollars in profits and refused to admit the carnage those weapons have produced: “Guns don’t kill people. People kill people.” With guns.
- The NRA has bitterly fought background checks on gun-buyers, in effect granting even criminals and the mentally ill the right to own arsenals of death-dealing weaponry.
- The NRA has spent millions on slick advertising campaigns to win new members and frighten them into buying guns.
- The NRA has spent millions on political contributions to block gun-control legislation.
- The NRA has spent millions attacking political candidates and elected officials who warned about the dangers of unrestricted access to assault and/or concealed weapons.
- The NRA has spent millions pushing “Stand Your Ground” laws in more than half the states, which potentially give every citizen a “license to kill.”
- The NRA receives millions of dollars from online sales of ammunition, high-capacity ammunition magazines, and other accessories through its point-of-sale Round-Up Program–thus directly profiting by selling a product that kills about 30,288 people a year.
- Firearms made indiscriminately available through NRA lobbying have filled hospitals–such as those in Aurora–with casualties, and have thus badly strained the states’ public healthcare systems.
It will take a series of highly expensive and well-publicized lawsuits to significantly weaken the NRA, financially and politically.
The first ones will have to be brought by the surviving victims of gun violence–and by the friends and families of those who did not survive it. Only they will have the courage and motivation to take such a risk.
As with the cases first brought against tobacco companies, there will be losses. And the NRA will rejoice with each one.
But, in time, state Attorneys General will see the clear parallels between lawsuits filed against those who peddle death by cigarette and those who peddle death by armor-piercing bullet.
And then the NRA–like the tobacco industry–will face an adversary wealthy enough to stand up for the rights of the gun industry’s own victims.
ABC NEWS, AL QAEDA, BARACK OBAMA, BOSTON MARATHON BOMBING, CBS NEWS, CIA, CNN, COLD WAR, CUBAN MISSILE CRISIS, DICK CHENEY, DONALD TRUMP, DZOKHAR TSARNAEV, FACEBOOK, FBI, GEORGE W. BUSH, GREG BALL, HARRY S. TRUMAN, HERMAN CAIN, JOHN F. KENNEDY, MICHELLE BACHMANN, MITT ROMNEY, NBC NEWS, NEWT GINGRICH, NICCOLO MACHIAVELL, OSAMA BIN LADEN, PIERS MORGAN, RICK PERRY, RICK SANTORUM, TERRORISM, THE LOS ANGELES TIMES, THE NEW YORK TIMES, THE PRINCE, THE WASHINGTON POST, TORTURE, TWITTER, WATERBOARDING
DOES TORTURE WORK?: PART ONE (OF THREE)
In History, Law Enforcement, Politics, Social commentary on April 29, 2013 at 12:02 amOn the night of April 19, 19-year-old Dzokhar Tsarnaev, the Boston Marathon bombing suspect, was arrested.
And almost immediately afterward, New York State Senator Greg Ball (R) offered his unsolicited advice on how to deal with him. Ball took to his Twitter account and called for the Tsarnaev to be tortured:
“So, scum bag #2 in custody. Who wouldn’t use torture on this punk to save more lives?”
On April 22, Ball appeared on CNN’s Piers Morgan Show to elaborate on his approach to law-and-order.
Greg Ball
Morgan opened the interview by asking Ball if he still believed that Tsarnaev should be tortured. The following exchange then occurred:
BALL: Absolutely. At the end of the day–you know, I think you interview a lot of politicians. A lot of politicians are full of crap. They’re scared of their own shadow and scared to say what they feel.
I think that I share the feelings of a lot of red-blooded Americans who believe that if we can save even one innocent American life, including we’ve seen the killing of children, that they would use–and this is just for me–that they would use every tool at their disposal to do so.
MORGAN: But he’s an American citizen, Dzhokhar Tsarnaev. He committed a domestic crime in Boston, and he’ll be tried in a U.S. civilian criminal court system.
BALL: Right.
MORGAN: How you going to torture him?
BALL: I mean, dude, you’re talking to a guy that supports death penalty for cop killers, terrorists.
MORGAN: Yes, but how would you torture him?
BALL: Piers, I would support–I’m talking about me. If you want to talk to the president of the United States about his policies next time you golf or go play basketball with him, you can ask him. I’m telling you as Greg Ball, I’m telling you as Greg Ball personally–
MORGAN: I understand you’re Greg Ball.
BALL: If you would put me in the room with anybody from the most current scumbags to Osama bin Laden, I’m telling you what I would do. As far as the policy of the United States, you got to take it up with Obama.
MORGAN: I understand. But if you start to torture an American citizen for committing a domestic crime in America, you are crossing a Rubicon.
BALL: Can I ask you a question? What would you do if you were given the opportunity?
BALL: Before Osama bin Laden was shot, if you had 30 minutes in the room, what would you do? Would you play cards with Osama bin Laden?
MORGAN: It’s really a question–
BALL: What would you do?
MORGAN: Let me put this to you.
BALL: No. You answer this. If you met this scumbag–
MORGAN: I’m actually doing the interview, though.
BALL: If you met this scumbag–
MORGAN: No, I really am.
BALL: –before he killed these people and turned people into amputees, what would you do, play cards? Maybe I should have said it in a British accent. This man killed innocent men, women and children.
MORGAN: Can you stop being such a jerk?
BALL: What would you do? You get paid for it. I figured I would give you a taste of your own medicine.
MORGAN: Seriously–
MORGAN: Because you tweeted this to the world. I’m curious what you think. Your behavior so far has been really offensive.
BALL: Because you don’t like it when you don’t have another bobblehead that you can beat up and treat like a coward? The reality is is these men killed innocent men, women and children. As a red-blooded American, I said who out there if it would save an innocent–
MORGAN: But you’re not answering my questions.
BALL: — would not use torture. I would.
MORGAN: I understand all the gung-ho language you’re using. Here’s the point I’m making to you. Do you realize that if you torture this man, what you’re basically endorsing is the torture of American citizens for committing domestic crimes inside America?
Would you as a politician want to bring that in as a standard matter of practice in your country, yes or no?
BALL: What I am saying is that as an individual–
MORGAN: Yes or no?
BALL: If given the opportunity–
MORGAN: Yes or no.
BALL: –to be in a room with somebody like Osama bin Laden, it would be me, Osama bin Laden and a baseball bat. And yes, I would use torture.
MORGAN: It’s very macho.
BALL: It’s not about being macho. If I wanted to be macho, I would challenge you to an arm wrestling contest. I’m telling you how I feel. That’s what I said on Twitter.
And that’s what I said today. You can ask it 100 times over. I will give you the same answer.
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